Julius Friedlaender Co., Inc.

National Labor Relations Board - Board Decisions

Sep 24, 1945

63 N.L.R.B. 1115 (N.L.R.B. 1945)

In the Matter Of JULIUS FRIEDLAENDER COMPANY, INC., and TEXTILE
WORKERS UNION OF AMERICA, CIO
Case No. 10-R-1571.Decided September ^?4, 1945
Messrs. Swift, Pease, Davidson, Swinson and Chapman, by Mr. W.
Edward Swinson, for the Company.
Mr. W. H. Denton, of Atlanta, Ga., for the Union.
Mr. David V. Easton, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by Textile Workers Union of America,
CIO, herein called the Union, alleging that a question affecting com-
merce had arisen concerning the representation of employees of Julius
Friedlaender Company, Inc., Columbus, Georgia, herein called the
Company, the National Labor Relations Board provided for an appro-
priate hearing upon due notice before Dan M. Byrd, Jr., Trial Exam-
iner. Said hearing was held at Columbus, Georgia, on August 30,
1945. The Company and the Union appeared and participated. All
parties were afforded full opportunity to be heard, to examine and
cross-examine witnesses, and to introduce evidence bearing on the
issues. The Trial Examiner's rulings made at the hearing are free
from prejudicial error and are hereby affirmed. All parties were
afforded an opportunity to file briefs with the Board.'
Upon the entire record in the case, the,Board makes the following:
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Julius Friedlaender Company, Inc., a Georgia corporation with its
principal place of business in Columbus, Georgia, is engaged in the
' On September 19, 1945, the Company filed a motion with the Board requesting , in effect,
that the Union be compelled to withdraw an unfair labor practice charge recently filed by
it (Case No . 10-C-1784 ) and to waive such charge insofar as it may affect the validity
of the election directed herein. Since the Union , on September 18, 1945 , waived the filing
of objections to an election in this proceeding based upon the subject matter of the charge,
the motion is in all respects denied.
63 N. L. R. B., No. 171.
1115
1116 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
buying and selling of cotton waste, and the manufacture of rewoven
bagging, and related products. During the past year the Company
purchased for use at its Columbus, Georgia, plant raw materials,
consisting principally of cotton waste and mill run bagging, valued in
excess of $500,000, of which approximately 33 percent was shipped
from points outside the State of Georgia. During the same period
the Company manufactured finished products amounting in value to
in excess of $500,000, of which 75 percent was shipped to points out-
side the State of Georgia.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
Textile Workers Union of America, affiliated with the Congress of
Industrial Organizations, is a labor organization admitting to mem-
bership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company has refused to recognize the Union as the exclusive
bargaining representative of all its employees, except clerical, office,
and supervisory employees, until the Union has been certified by the
Board in an appropriate unit.
A statement of a Board agent, introduced into evidence at the hear-
ing, indicates that the Union represents a substantial number of
employees in the unit hereinafter found appropriate.2
We find that a question affecting commerce has arisen concerning
the representation of employees of the Company within the meaning
of Section 9 (c) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
In substantial accordance with the stipulation of the parties,' we
find that all employees of the Company at its Andrews Road, Colum-
bus, Georgia, plant; excluding clerical and office employees, and all
supervisory employees with authority to hire, promote, discharge,
discipline, or otherwise effect changes in the status of employees, or
effectively recommend such action, constitute a unit appropriate for
the purposes of collective bargaining within the meaning of Section
9 (b) of the Act.
2 The Field Examiner reported that the Union submitted 53 designation cards ; that
there are 76 employees in the unit requested by the Union ; and that the cards were dated
in July 1945.
JULIUS FRIEDLAENDER COMPANY,, INC . 1117
V. THE DETERMINATION OF REPRESENTATIVES
We shall direct that the question concerning representation which
has arisen be resolved by an election by secret ballot among the
employees in the appropriate unit who were employed during the
pay-roll period immediately preceding the date of the Direction of
Election herein, subject to the limitations and additions set forth in
the Direction,
DIRECTION OF ELECTION
By virtue of and pursuant to the power vested in the National Labor
Relations Board by Section 9 (c) of the National Labor Relations
Act, and pursuant to Article III, Section 9, of National Labor Rela-
tions Board Rules and Regulations-Series 3, as amended, it is hereby
DIRECTED that, as part of the investigation to ascertain represen-
tatives for the purposes of collective bargaining with Julius Fried-
laender Company, Inc., Columbus, Georgia, an election by secret
ballot shall be conducted as early as possible, but not later than thirty
(30) days from the date of this Direction, under the direction and
supervision of the Regional Director for the Tenth Region, acting in
this matter as agent for the National Labor Relations Board, and
subject to Article III, Sections 10 and 11, of said Rules and Regula-
tions, among the employees in the unit found appropriate in Section
IV, above, who were employed during the pay-roll period immediately
preceding the date of this Direction, including employees who did not
work during the said pay-roll period because they were ill or on vaca-
tion or temporarily laid off, and including employees in the armed
forces of the United States who present themselves in person at the
polls, but excluding those employees who have since quit or been
discharged for cause and have not been rehired or reinstated prior
to the date of the election, to determine whether or not they desire
to be represented by Textile Workers Union of America, CIO, for the
purposes of collective bargaining.